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- Title
Belcacemi and Oussar v Belgium.
- Authors
GARAHAN, SABINA
- Abstract
Human rights – Freedom of religion or belief – Manifestation of religion by wearing religious garment – Interference with – Applicants two Muslim women, national of Belgium and national of Morocco, choosing to wear niqab – Law of 1 June 2011 banning wearing of any garment completely or largely concealing face – First applicant consequently ceasing to wear niqab and second applicant remaining at home – Applicants bringing action for suspension and annulment of the Law before the Constitutional Court – Constitutional Court rejecting application for suspension – Two natural persons and an association also seeking annulment of the Law – Constitutional Court dismissing all applications for annulment – Whether ban infringement of right to private life – Whether ban infringement of right to freedom of religion or belief – Whether ban discriminatory – Whether necessary and proportionate interference with right to private life and freedom of religion or belief for the protection of the rights and freedoms of others – Whether contracting state exceeding margin of appreciation – European Convention on Human Rights, arts 8, 9 and 14
- Subjects
FREEDOM of religion lawsuits; HUMAN rights -- Lawsuits &; claims
- Publication
Oxford Journal of Law & Religion, 2018, Vol 7, Issue 1, p177
- ISSN
2047-0770
- Publication type
Article
- DOI
10.1093/ojlr/rwx062